People v. Canizalez-Cardena

A trial court's order granting a defendant leave to file a successive postconviction petition is not an interlocutory order that may be reversed once the State has filed a motion to dismiss the successive petition. The State should not be allowed to participate in the trial court's determination whether to grant or deny a defendant's request for leave to file a successive postconviction petition; instead, whether to grant leave is to be determined as a matter of law based on pleadings and supporting documentation provided to the court by the defendant. Remanded for 2nd-stage proceedings, and court is to appoint new counsel for Defendant. (CAVANAGH and HOLDER WHITE, concurring.)